You get behind the wheel, click your seatbelt, and trust that your vehicle is designed to protect you. For decades, airbags have been hailed as one of the most significant safety innovations in automotive history, credited with saving tens of thousands of lives. But what happens when the very device meant to save you becomes the source of danger?
It is a terrifying thought, yet for thousands of drivers, it has been a painful reality. The massive recall of Takata airbags—the largest in U.S. history involving approximately 67 million inflators—shed light on a catastrophic defect that turned safety devices into ticking time bombs. When an airbag malfunctions, the consequences can be devastating, resulting in severe injuries or even death.
If you or a loved one has been injured by a defective airbag, you are likely feeling overwhelmed, confused, and betrayed by the manufacturer you trusted. You need to know that you are not alone, and you have rights. This guide explores the nature of these defects, the injuries they cause, and the legal pathways available to help you secure the compensation you deserve.
Understanding Airbag Defects: Types and Causes
Airbags are complex systems that rely on sensors, electrical circuits, and chemical propellants to deploy in a fraction of a second. When any part of this system fails, the results can be catastrophic. While there are various ways an airbag can be defective—such as failing to deploy during a crash or deploying when there is no crash—the most notorious defects involve the inflator mechanism.
The Science Behind the Failure
In the case of the widespread Takata recalls, the root cause was the chemical propellant used to inflate the airbag: ammonium nitrate. According to the National Highway Traffic Safety Administration (NHTSA), this chemical can degrade after long-term exposure to high heat and humidity.
When the propellant breaks down, it burns too quickly during deployment. This creates excessive pressure inside the metal inflator canister, causing it to explode. Instead of a controlled inflation that cushions the driver, the metal canister shatters, sending hot metal shrapnel flying into the vehicle cabin.
The Scope of the Danger
The scale of this issue is massive. As of recent NHTSA reports, defective Takata airbags have been linked to at least 28 deaths and over 400 alleged injuries in the United States alone. These defects affect vehicles from nearly every major manufacturer, including Honda, Ford, Toyota, and BMW. Understanding the mechanics of these failures is the first step in recognizing if your injury was caused by a manufacturing defect.
Common Injuries from Defective Airbags: What to Look For
Airbags deploy at speeds of up to 200 miles per hour. Even a properly functioning airbag can cause minor friction burns or bruising. However, a defective airbag causes injuries that are distinctly different and far more severe.
If an inflator ruptures, it essentially acts like a grenade. The metal shards projected by the explosion can cause traumatic injuries that often resemble gunshot or stab wounds. Common injuries associated with defective airbags include:
- Lacerations and Puncture Wounds: Sharp metal fragments can tear through skin and muscle, often affecting the face, neck, and chest areas.
- Eye Injuries and Blindness: Because the airbag is positioned directly in front of the driver or passenger, the eyes are particularly vulnerable to flying debris and chemical burns.
- Facial Fractures: The excessive force of an exploding airbag can shatter bones in the jaw, nose, and cheek.
- Vocal Cord and Throat Damage: Impact to the neck area can cause lasting damage to the larynx and trachea.
- Severe Burns: The explosion can release high-temperature gases and chemicals that cause chemical or thermal burns to the hands and face.
If you sustained puncture wounds or shrapnel injuries after an airbag deployment, it is highly likely that the device malfunctioned.
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Legal Options for Victims: Lawsuits and Compensation
When a manufacturer sells a vehicle, they have a legal duty to ensure it is safe for use. If they fail in this duty, victims have the right to seek justice through product liability laws.
Theories of Liability
In a lawsuit regarding a defective airbag, your attorney will typically argue one of three main points:
- Strict Liability: The product was inherently dangerous when it left the manufacturer, regardless of negligence.
- Negligence: The manufacturer knew or should have known about the defect and failed to warn consumers or fix the issue (a common argument in the Takata cases).
- Breach of Warranty: The vehicle failed to live up to the safety guarantees made by the manufacturer.
Indiana Statute of Limitations
Time is of the essence when filing a claim. Laws regarding how long you have to file a lawsuit vary by state. In Indiana, the time frame is governed by specific statutes that you must strictly adhere to.
Under Indiana Code § 34-11-2-4, a personal injury action generally must be commenced within two years after the cause of action accrues (usually the date of the accident).
Furthermore, Indiana has specific rules for product liability. Indiana Code § 34-20-3-1 reinforces that product liability actions must be commenced within two years after the cause of action accrues. However, there is also a “statute of repose.” Generally, a product liability action must be commenced within ten years after the delivery of the product to the initial user.
There are exceptions to these rules, particularly if the injury occurs near the end of that ten-year period, but navigating these timelines can be incredibly complex. Missing a deadline can result in your case being dismissed entirely, which is why consulting with legal counsel immediately is vital.
Steps to Take if You’ve Been Injured
If you suspect a defective airbag caused your injuries, the actions you take immediately following the accident can significantly impact your legal case.
- Seek Medical Attention Immediately: Your health is the priority. Detailed medical records will also serve as critical evidence linking your injuries to the airbag rather than the crash impact itself.
- Preserve the Vehicle: This is the most crucial step. Do not let the insurance company total the car or sell it for scrap before your attorney can inspect it. The vehicle—and specifically the airbag system—is the primary evidence.
- Hire an Attorney: Experienced personal injury attorneys can help gather evidence and handle communication with insurance companies on your behalf. They can also negotiate a fair settlement or take your case to court if necessary.
- Document Everything: Take photos and videos of your injuries, the interior of the vehicle, and specifically the deployed airbag. Look for blood splatter on the airbag cloth or metal shards in the cabin.
- Do Not Speak to the Manufacturer: You may be contacted by representatives from the car company offering a quick settlement. Do not sign anything or give a recorded statement without a defective product lawyer present.
- Check Your VIN: Visit the NHTSA.gov website and use their Recall Look-up Tool to see if your vehicle was part of a recall campaign.
Choosing the Right Product Liability Attorney
Not every personal injury lawyer is equipped to handle a defective product case. These lawsuits involve battling multinational automotive corporations with deep pockets and aggressive legal teams.
You need an attorney who understands the engineering behind airbag failures and the nuances of product liability law. Look for a firm with a track record of successful litigation. They should have access to expert witnesses—engineers, accident re-constructionists, and medical professionals—who can testify that your injuries were caused by the defect, not the accident itself.
The Future of Airbag Safety: Regulations and Innovations
The Takata crisis forced a reckoning in the automotive industry. Today, regulators and manufacturers are under immense pressure to prioritize safety over cost-cutting.
NHTSA has implemented stricter oversight on recall completion rates, pushing manufacturers to track down every affected vehicle. Innovations in airbag technology are also moving away from volatile chemical propellants toward stored gas or hybrid inflators that are chemically stable and less prone to environmental degradation. While these advancements protect future drivers, they cannot undo the harm caused by past negligence.
PROTECTING YOURSELF AND SEEKING JUSTICE
Airbags are supposed to be a shield, not a weapon. When that trust is broken, the physical and emotional toll can be overwhelming. However, holding manufacturers accountable does more than just secure compensation for your medical bills and pain; it forces the industry to adhere to higher safety standards, potentially saving others from suffering the same fate.
If you live in Indiana and believe a defective airbag caused your injuries, do not wait to seek help. The statutes of limitations are strict, and the evidence needs to be preserved immediately.
Don’t let a manufacturer’s negligence dictate your future. If you need clarity on your rights and want to know if you have a valid claim, reach out to us today. Schedule a free, no-obligation case review with a seasoned personal injury lawyer in Indianapolis who understands the complexities of product liability law. Let us fight for the justice you deserve.
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